1. E X P E R I E N C E Y O U R A M E R I C A Traditional Cultural Properties

2. This This presentation presentation will will address:… address:…

3.  What is a TCP as defined by the National Register of Historic Places?  Why the NPS is working to update it’s National Register Program Guidance related to identifying, evaluating, and documenting Traditional Cultural Properties and Native American landscapes?

4.  The current status of that process.  The timeframe projected by NPS for the completion of the process.  How government agencies, organizations, preservation practitioners and other members of the public can participate in the process.

5.  What is a TCP as defined by the National Register of Historic Places?

6. A National Register property is significant as Traditional Cultural Property when it is associated with cultural practices or beliefs of a living community that:

7. (a) are rooted in that community's history, (b) are important in maintaining the continuing cultural identity of the community. c) constitute a location associated with the traditional beliefs of a Native American group about the group’s origins, cultural history, or the nature of the world;

8. d) are a location where Native American or Native Hawaiian religious practitioners have historically gone, and are known or thought to go today, to perform ceremonial activities in accordance with traditional cultural rules of practice; and e) a location where a community has traditionally carried out economic, artistic, or other cultural practices important in maintaining its historic identity.

9. TCPs that are eligible for listing in the National Register can be:

10. a) a rural community whose organization, buildings and structures, or patterns of land use reflect the cultural traditions valued by its long-term residents; b) an urban neighborhood that is the traditional home of a particular cultural group, and that reflects its beliefs and practices;

11. c) a location associated with the traditional beliefs of a Native American/Native Hawaiian group about its origins, its cultural history, or the nature of the world; d) a location where Native American/Native Hawaiian religious practitioners have historically gone, and are known or thought to go today, to perform ceremonial activities in accordance with traditional cultural rules of practice; and e) a location where any community has traditionally carried out economic, artistic, or other cultural practices important in maintaining its historic identity.

12.  A TCP is not, repeat, not a distinct and separate National Register property type… Rather, it is an overlay of cultural significance that may be associated with a property otherwise already listed in or eligible for listing in the National Register.  TCP recognition is not limited to properties associated with Native Americans or Native Hawaiians. Reminders:

13. Updating the National Register Guidelines for identifying, evaluating, and documenting Traditional Cultural Properties and Native American Landscapes: Why? Soda Rock (Chi’ichu’yam-bam), Plumas County, California (NR 2003 - TCP). Soda Rock features prominently in the creation accounts of the Maidu peoples and is a site of continuing traditional practices and beliefs.

14. NR Bulletin 38 was initially published in 1990; while revised slightly in 1992 and 1998, there has been no comprehensive review of the TCP guidelines for more than 20 years.

15. Preserve America Summit Issue - Areas Panel Report - “Involving All Cultures” (2006)

16. Preserve America Summit Recommendation # 4: Update National Park Service Bulletin 38 on Traditional Cultural Properties (TCPs) to make it clearer that through using existing National Register criteria, Federal agencies, SHPOs, and historic preservation professionals can more readily and adequately identify, evaluate, and interpret various cultures.

18. How?

19. Three consultation/input tracks: 1)Consultation with the Tribes; 2)Consultation with Native Hawaiian organizations; 2) Consultation with SHPOs, Federal, state, and local government agencies, preservation organizations, professional preservation practitioners, and the general public. Framework for the Consultation Process

20. NR 38 Bulletin 38 Update Process Schedule ● Consultation Processes – April 2011 through July 2013 ● Release for initial review and comment of an initial draft of the guidelines by September 30, 2013 ● Release of a second draft for public review and comment by November 30, 2013 ● NPS publishes completed updated guidelines by late February 2014.  Effects of Sequestration.

21. Some areas for clarification identified, or comments received, from Federal agencies, SHPOs, THPOs professional practitioners, and the public to date: What constitutes a non-Native American or Hawaiian “traditional” community? What constitutes a non-Native American or Hawaiian “traditional” community? Should “continuity of use” by a traditional community be considered in determining eligibility? Should “continuity of use” by a traditional community be considered in determining eligibility? How should evolving uses of resources be accounted for? How should evolving uses of resources be accounted for? Are multiple lines of evidence required or advised? Are multiple lines of evidence required or advised?

22. What happens when tribes refuse to share or provide access to information? What happens when tribes refuse to share or provide access to information? Tribes need to cooperate more fully with each other concerning evaluation and documentation of TCPs related to their separate traditions. Tribes need to cooperate more fully with each other concerning evaluation and documentation of TCPs related to their separate traditions. Some areas for clarification identified, or comments received, from Federal agencies, SHPOs, THPOs professional practitioners, and the public to date:

23. Can TCPs be all encompassing in terms of tribal and or ancestral community lands? Can TCPs be all encompassing in terms of tribal and or ancestral community lands? Bulletin doesn’t need updating. Bulletin doesn’t need updating. Why and how should larger, cultural landscape contexts be considered in evaluating TCPs? Why and how should larger, cultural landscape contexts be considered in evaluating TCPs? Areas for clarification/comments (cont.)

24. Should the evaluation of resources within Tribal jurisdictions be treated differently than for resources on ancestral lands not governed by the Tribe? Should the evaluation of resources within Tribal jurisdictions be treated differently than for resources on ancestral lands not governed by the Tribe? Can clarification be provided on defining resources boundaries? Can clarification be provided on defining resources boundaries? How should resource integrity be evaluated, especially with respect to Native American or Native Hawaiian resources? How should resource integrity be evaluated, especially with respect to Native American or Native Hawaiian resources? Areas for clarification/comments (cont.)

25. Some Major Tribal/Native Hawaiian Concerns, Needs, or Suggestions Expressed to Date: Provide for better protection and retention by Tribes of sensitive information. Provide for better protection and retention by Tribes of sensitive information. Provide for inclusion of Tribes in all consultation processes related to impacts of any ancestral lands, regardless of proximity of such lands to the current location of the Tribe. Provide for inclusion of Tribes in all consultation processes related to impacts of any ancestral lands, regardless of proximity of such lands to the current location of the Tribe.

26. Need for earlier and more thorough and meaningful Tribal consultations by Federal Agencies Need for earlier and more thorough and meaningful Tribal consultations by Federal Agencies Developing project APE and TCP boundaries only after full consideration is given to Tribal input. Developing project APE and TCP boundaries only after full consideration is given to Tribal input. Provide for the possibility of accepting indeterminate boundaries for Native American or Native Hawaiian TCPs. Provide for the possibility of accepting indeterminate boundaries for Native American or Native Hawaiian TCPs. Some Major Tribal/Native Hawaiian Concerns, Needs, or Suggestions Expressed to Date (cont.):

27. Bulletin 38 doesn’t need updating… just proper implementation of guidelines by Federal agencies, their consultants, and SHPOs. Bulletin 38 doesn’t need updating… just proper implementation of guidelines by Federal agencies, their consultants, and SHPOs. Create an entirely new and separate (i.e. 5 th ) NR eligibility Criterion for TCPs. Create an entirely new and separate (i.e. 5 th ) NR eligibility Criterion for TCPs. Zuni Salt Lake, New Mexico (NR/DOE 1999). Sacred lake and gathering place for salt. Home of Salt Mother. Some Major Tribal/Native Hawaiian Concerns, Needs, or Suggestions Expressed to Date (cont.):

28. Federal agencies, their consultants, and SHPOs should ensure greater and earlier recognition and respect for Tribal knowledge of Tribal resources. Federal agencies, their consultants, and SHPOs should ensure greater and earlier recognition and respect for Tribal knowledge of Tribal resources. Federal agencies, their consultants, and SHPOs should seek to improve their understanding and appreciation for tribal and Native Hawaiian concerns regarding tribal and Native Hawaiian cultural resources. Federal agencies, their consultants, and SHPOs should seek to improve their understanding and appreciation for tribal and Native Hawaiian concerns regarding tribal and Native Hawaiian cultural resources. Some Major Tribal/Native Hawaiian Concerns, Needs, or Suggestions Expressed to Date (cont.):

29. For resources extending across state lines, SHPOs need to improve the coordination and production of more consistent evaluations with respect to TCPs. For resources extending across state lines, SHPOs need to improve the coordination and production of more consistent evaluations with respect to TCPs. Sweet Grass Hills, Montana (DOE 1993). Sacred sites to several Northern Plains tribes, including sites associated with creation, legends, and traditional practices. Some Major Tribal/Native Hawaiian Concerns, Needs, or Suggestions Expressed to Date.(cont.):

30. Federal agency consultants hired to evaluate and document TCPs should be prohibited from retaining or copyrighting documentation that “belongs” to a Tribe or Hawaiian group. Federal agency consultants hired to evaluate and document TCPs should be prohibited from retaining or copyrighting documentation that “belongs” to a Tribe or Hawaiian group. Assessments of integrity regarding resources associated with Native American tribes or Native Hawaiian cultural groups should be heavily dependent on input from these tribes or groups. Assessments of integrity regarding resources associated with Native American tribes or Native Hawaiian cultural groups should be heavily dependent on input from these tribes or groups. Some Major Tribal/Native Hawaiian Concerns, Needs, or Suggestions Expressed to Date.(cont.):

31. Tahquitz Canyon, Riverside County, California. [NR TCP 1972] Identifying, Evaluating, and Documenting Native American/Hawaiian Landscapes

32. Bear Butte, TCP in Meade County, South Dakota. [NR 1973, NHL 1981]. Associated with the cultural beliefs of the Cheyenne and other regional Tribes.

33. Medicine Wheel (Big Horn Mountains, Wyoming)

34. Medicine Wheel/Medicine Mountain (Big Horn Mountains, Wyoming) NHL and TCP, 2012

36. Nantucket Sound Cape Wind Energy Project

37. Dawn - Nantucket Sound, Massachusetts

38. Request for Comments on the National Register of Historic Places Traditional Cultural Property Evaluation and Documentation Process Please note that all comments and recommendations may be sent via email to: nr_info@nps.gov. Respondents should identify their submission(s) as a “TCP Comment” in their e-mail “Subject” box. Respondents should identify their submission(s) as a “TCP Comment” in their e-mail “Subject” box. E X P E R I E N C E Y O U R A M E R I C A

39. If you have any additional questions or comments, please send to: nr_info@nps.gov or call Alexis Abernathy at 202-354-2236. E X P E R I E N C E Y O U R A M E R I C A